NyOnlineCe™ User Agreement
Febuary 1, 2016
This NyOnlineCe.com User Agreement, (the "Agreement") is entered into by and between the company or individual specified during this online registration process ("User") and NyOnlineCe.com, a Massachusetts company ("NyOnlineCe.com") for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. In order to use our services, you must first agree to terms of this document. By actually using NyOnlineCe.com’s services, we will treat your use of our services as your acceptance of the user agreement.
Your personal information and data is protected for your privacy and security. NyOnlineCe.com safeguards the security and confidentiality of the data you send us with physical, technical, and managerial procedures. Please be aware that, despite out best efforts, no security measures are perfect or impenetrable. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, company name, email address, telephone number, postal or other physical address, a credit card number (including expiration date) to process payment for products and/or services and such other information when needed to provide a service that you requested. Certain of our product and services also store connection or session information such as time/date and length of collection, IP address, chat logs and technician information.
NyOnlineCe.com collects personal information when you elect to use our software on a free trial basis or membership basis. NyOnlineCe.com only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws.
We may terminate or suspend your access to the Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease. NyOnlineCe.com may also in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that NyOnlineCe.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that NyOnlineCe.com shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
Billing and Payments
Payments for subscription service are due on a monthly basis. Invoice will be made available to you via email and/or in the administrator’s account. Questions pertaining to billing should be directed to hello@NyOnlineCe.com. Access to accounts with a past due balance are automatically suspended until payment is made. You will not have access to any of NyOnlineCe.com’s services until your account is paid off. All payments that accumulate during the suspension period will be rolled over to the next billing cycle.
Charge -backs, cancellation of credit card and any other intentional non-payment.
If a user instructs his/her bank or credit card company to issue a chargeback on any payment, cancels a credit card prior to a monthly billing charge or engages in any other intentional non-payment, it will be deemed a payment made in bad faith and a violation of the contract. Access to user’s account will be frozen, refunded or dealt with in a manner NyOnlineCe.com deems appropriate. Additionally, user agrees that NyOnlineCe.com may pursue whatever legal means become necessary to secure repayment of the entire amount of the bad faith payment from the user. User agrees to pay all NyOnlineCe.com costs in securing such payment, including collection agency costs and reasonable attorneys' fees. There is an automatic charge of $25 for all charge backs.
Hold on funds.
If NyOnlineCe.com suspects monies may be subject to charge back or if fraud is suspected. NyOnlineCe.com will release a hold as soon as deemed appropriate. In cases of fraud, abuse or violation of this Agreement, the NyOnlineCe.com payment guarantee shall be revoked and all monies in the account may be held and/or reclaimed, not just those from the Contract(s) under investigation.
You shall indemnify and hold harmless NyOnlineCe.com and its subsidiaries and affiliates, and each of their respective officers, directors, employees and agents from and against any claims or demands, including without limitation reasonable legal and accounting fees and expenses, alleging or resulting from your use of NyOnlineCe.com and the Materials or your breach of this agreement, including, without limitation, any claim of infringement.
NyOnlineCe.com agrees that its employees, agents, owners are prohibited from using any of your provided information/data in the establishment of a Real estate firm. All NyOnlineCe.com employees, agents, affiliates are required to sign a legal document pertaining to this particular matter. NyOnlineCe.com understand how mission critical your information is to your business. You acknowledge and agree that NyOnlineCe.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of NyOnlineCe.com, its users and the public.
NyOnlineCe.com makes no representation or warranties as to the accuracy or validity of the data submitted by customers or entered by NyOnlineCe.com. NyOnlineCe.com will not be held liable for any delays, inaccuracies, errors, or omissions therefrom, or in the transmission or delivery of all or any part thereof or for any damages arising from any of the above.
NyOnlineCe.com reserves the right to support some of the services we offer by advertising advertisements and/or promotions. Our advertisement may be targeted towards the content of the service. We also reserve the right to make changes to our advertising policy or the manner of which advertisements are delivered. By using NyOnlineCe.com’s services, you agree and understand that we may place advertisements on some of the services we offer to you.
The laws of the State of Massachusetts in United States of America will govern the terms of this agreement. You agree that any action at law arising out of or relating to this agreement can be filed only in state or federal court located in Boston, Massachusetts.
Agree to not access or use the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
Disclaimer and Limitation of Liability
The sites and materials are provided on an “AS IS” basis without warranties of any kind, either expressed or implied. Your use of this site and services is at your sole risk. NyOnlineCe.com does not warrant that contents of this site are:
YOU AGREE THAT NyOnlineCe.com SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN.
IN NO EVENT INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL NyOnlineCe.com, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING NyOnlineCe.com’S SERVICES OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,HACKER ATTACK, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NyOnlineCe.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(1) THE USE OR INABILITY TO USE THE SITE
(2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
(4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE
(5) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.